Armwood v. McCloy

• Decision Date: 15 August 2013
• Citation: 2013 N.Y. Slip Op. 05654,970 N.Y.S.2d 802,109 A.D.3d 558
• Parties: In the Matter of Garett ARMWOOD, et al., appellants, v. John P. McCLOY, Jr., respondent-respondent, et al., respondents.
• Court: New York Supreme Court — Appellate Division

109 A.D.3d 558
970 N.Y.S.2d 802
2013 N.Y. Slip Op. 05654

In the Matter of Garett ARMWOOD, et al., appellants,
v.
John P. McCLOY, Jr., respondent-respondent, et al., respondents.

Supreme Court, Appellate Division, Second Department, New York.

Aug. 15, 2013.

[970 N.Y.S.2d 803]

REINALDO E. RIVERA, J.P., JOHN M. LEVENTHAL, CHERYL E. CHAMBERS, and SYLVIA O. HINDS–RADIX, JJ.

[109 A.D.3d 558]In a proceeding pursuant to Election Law § 16–102, inter alia, to invalidate a petition designating John P. McCloy, Jr., as a candidate in a primary election to be held on September 10, 2013, for the nomination of the Democratic Party as its candidate for the public office of Nassau County Legislator, 5th Legislative District, the petitioners appeal from (1) a decision of the Supreme Court, Nassau County (Driscoll, J.), dated August 6, 2013, and (2) a final order of the same court entered August 7, 2013, which, after a hearing, in effect, denied the petition to invalidate the designating petition and dismissed the proceeding.

ORDERED that the appeal from the decision is dismissed, without costs or disbursements, as no appeal lies from a decision ( see Schicchi v. J.A. Green Constr. Corp., 100 A.D.2d 509, 509–510, 472 N.Y.S.2d 718); and it is further,

ORDERED that the final order is reversed, on the law, without costs or disbursements, the petition to invalidate the designating petition is granted, and the Nassau County Board of Elections is directed to remove the name of John P. McCloy, Jr., from the appropriate ballot.

Election Law § 6–134(2) provides, in pertinent part: “Sheets of a designating petition shall be delivered to the board of elections in the manner prescribed by regulations that shall be promulgated by the state board of elections ... Such regulations shall be no more restrictive than is reasonably necessary [109 A.D.3d 559]for the processing of such petitions by the board ... When a determination is made that a designating petition does not comply with such regulations, the candidate shall have three business days from the date of such determination to cure the violation.”

In addition, the New York State Board of Elections has enacted various regulations in compliance with the provisions of Election Law § 6–134(2) ( see 9 NYCRR part 6215). 9 NYCRR 6215.1 requires, inter alia, that petitions with 10 or more pages contain a cover sheet, and that 2 or more petition sheets be securely fastened together. 9 NYCRR 6215.7(d), among other things, reiterates the...